Capital One Creditor potential court problems! (credit card, debt, payment, disputing)

[crazineko]

I need some advice! Here are details of the situation.

In May of 2003, my husband weighed over 400lbs. I had not met him at the time. He was extremely ill, and had hyper-tension, diabetes, sleep apnea, narcolepsy, and everything else you can think of. Because of all this, he lost his job and was out of work for almost a year. He had 450.00 in CC debt with Capital One at this time, and could not afford to pay this off. He had bariatric surgery in November of that year, and since then has lost over 250lbs.

Long story short 450 has turned into 1,100 dollars. My husband forgot about this until he received what I believe is a court summons (or something like it) from a Capital One creditor wanting 1,100 dollars. We need to file an answer within 28 days.

This has been on his credit for 4 years already, and we definitely want to get this settled. I'm not really one to make excuses, and if need be, we will pay the whole amount. But, do you think they will take less? I really want my husband to avoid going to court. I heard this takes forever, and he will have a judgment on his credit!

Here are my questions:
1) Could I call up Capital One and offer a lesser amount, and would they accept this?? I'm thinking about offering half, and we can pay this immediately. Should I write them a check or give them my account info for this?

2) How do I write an answer without a lawer? Surely we can do this ourselves!

3) Will this keep my husband out of court?

Please advise

[GreenMachine]

You can try for a settlement but the credit card company will send you a 1099 so that you have to pay taxes on the forgiven debt as if it were income. I would try and work with the original creditor and try to pay the amount. It's not that much.

Greenie

[Karla with a K]

crazineko
even if you are going to try for a settlement you must answer the summons, you can ask the court clerk if you can put in the answer that you are going to offer a settlement they are veryhelpful ..
If you don't respond to the summons and the settlement request doesn't get done in time the company will get a default judgment.
In order for you to be able to speak with them your husband will have to give permission.
make sure you get as much information written down as you negotiate with the person.
Start at offering them the original debt amount.
One "hook" you can use in negotiating is telling them that if they won't agree to your offer you will make the same offer to the judge and with your husbands medical issues as being the reason he couldn't pay(don't go into details just leave it at medical issues) and with the press creditors have been receiving lately the chances that the judge will be on your side are very strong. This may help in getting you a lower amount.
Remember if the know your going to show up at court they will have to have the attorney that is representing the be at the hearing and there is a good shot the judge will 1. be ticked that they did not try to come to a settlement and 2. will possibly order a reduced amount which will result in them having to eat their legal fees.
be firm yet friendly and if necessary go up the "food chain"

A 1099 may be sent for any amount over $599. They are suppose to send them but sometimes they don't


karla

[pghquest]

Originally Posted by crazineko

I need some advice! Here are details of the situation.

In May of 2003, my husband weighed over 400lbs. I had not met him at the time. He was extremely ill, and had hyper-tension, diabetes, sleep apnea, narcolepsy, and everything else you can think of. Because of all this, he lost his job and was out of work for almost a year. He had 450.00 in CC debt with Capital One at this time, and could not afford to pay this off. He had bariatric surgery in November of that year, and since then has lost over 250lbs.

Long story short 450 has turned into 1,100 dollars. My husband forgot about this until he received what I believe is a court summons (or something like it) from a Capital One creditor wanting 1,100 dollars. We need to file an answer within 28 days.

This has been on his credit for 4 years already, and we definitely want to get this settled. I'm not really one to make excuses, and if need be, we will pay the whole amount. But, do you think they will take less? I really want my husband to avoid going to court. I heard this takes forever, and he will have a judgment on his credit!

Here are my questions:
1) Could I call up Capital One and offer a lesser amount, and would they accept this?? I'm thinking about offering half, and we can pay this immediately. Should I write them a check or give them my account info for this?

2) How do I write an answer without a lawer? Surely we can do this ourselves!

3) Will this keep my husband out of court?

Please advise

First thing I would do, is look up the statue of limitations on debt in the state you life in. The number of years they have to come after you, is based upon the last time you have used the card, or the last time you have made a payment, whatever happened last.

Statute of Limitations defense for disputing debts!